Loan No. [MIN No.] ------- Reason for requesting file: --------------------------
Loan No. 755155 (BEL AIR CENTER) ----------------------------------
Loan No. If only particular documents in the Mortgage File are requested, please specify which: Reason for requesting file (or portion thereof):
Loan No. 753974 (Seneca Meadows This loan is legal non-conforming with respect to parkixx. Corporate Center II) Lender has an insured Common Access and Parking Easement that provides a sufficient number of additional parking spaces to satisfy the current zoning code.
Loan No. [MIN No.] ------- Reason for requesting file: -------------------------- ------------------ 1. Mortgage Loan paid in full. (The Master Servicer hereby certifies that all amounts received in connection with the payment in full of the Mortgage Loan which are required to be deposited in the Collection Account pursuant to Section 4.02 of the Agreement have been so deposited). ------------------ 2.
Loan No. 7 D 2.026 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 6 7 D 2.026 6 18 6 2.026 18 31 2 2.026 31 39 3 2.026 39 44 36 2.026 44 58 3 2.026 58 59 2 2.026 59 104 89 2 L 2.026 104 107 3 2.026 107 90 2 L 7.026 109 90 2 L 7.026 109 110 90 2 L 7.026 110 111 90 2 L 7.026 111 114 2 7.026 114 119 93 2 L 7.026 119 122 3 2.026 122 125 95 2 L 7.026 125 139 2 2.026 139 140 2 5.026 140 156 95 2 L 2.026 156 161 2 2.026 161 71 2 L 7.026 166 71 2 L 7.026 166 166 71 2 L 7.026 166 166 71 2 L 7.026 166 176 3 2.026 176 198 3 7.026 198 208 2 7.026 208 2 2.026 241 2 2.026 241 241 2 2.026 241 241 2 2.026 241 241 2 2.026 241 248 3 2.026 248 250 95 2 L 2.026 250 263 4 7.026 263 266 2 2.026 266 271 3 2.026 271 298 3 7.026 298 301 4 2.026 301 303 2 2.026 303 EXHIBIT 2
Loan No. 755762 (The Kirby Shopping Center) Explanatiox -Xxe property is legal non-conforming with respect to the side setback and parking requirements. The current side setback requirement is 5 feet and the side setback is 4.2 feet, thus it encroaches by 0.8 feet. The property requires 37 parking spaces and there are 18 parking spaces (deficient 19 spaces). The property can be rebuilt to its current state so long as the damage does not exceed 51% of the replacement cost of the structure. The loan documents contain language requiring borrower to paydown the loan in the event of casualty to a 1.20x debt service coverage in the event the property cannot be rebuilt to its current state due to the zoning deficiencies noted above. Ordinance and Law coverage was obtained. The LTV for the property is 68.8%. Loan No. - 755812 (210 Adrian Road) Explanation -The proxxxxx has a legal non-conforming use with respect to parking, building setback lines and lot coverage. Zoning requires 86 spaces, and the property has 32 spaces (deficient 54 spaces). In addition, the current required front setback line is 25 feet and the property has a front setback of 3.4 feet. Lastly, current maximum lot coverage requirement is 50% and per the survey, the lot coverage is 95%. The property can be restored to its existing state subject to obtaining a use permit. Per conversations with the city planning department, a use permit would be issued if a casualty was not material. Borrower and Guarantor are personally liable for any loss or damage to Lender arising from the failure of the applicable zoning authority to permit the restoration of the Premises to the condition and use existing as of the closing date. Law and Ordinance coverage was obtained. Loan No. - 755848 (Market Pointe I) Explanation -The property is legal non-conforming with respect to parking. Zoning requires 558 spaces, and the property has 545 spaces (deficient 13 spaces). The property can be restored to its existing state as long as restoration is initiated (as evidenced by issuance of a building permit) within 1 year of the casualty. The LTV for the property is 46.7%. Loan No. - 755922 (Hampton Inn) Explanation - The property is non-conforming with respect to parking requirements. The property requires 130 parking spaces and there are 125 parking spaces (deficient 5 spaces). The loan documents contain language (i) requiring borrower to comply with all zoning requirements (including the removal of the direct access drive at the NE...
Loan No. 755935 (Hanover Village MHP) Explanation -The property is legal non-conforming with respect to use and front setback and parking requirements. The current use as a manufactured housing facility is a grandfathered (aka legal non-conforming) use as the property is zoned high density multi-family. The property has a rental house which encroaches into the current front setback by up to 16 feet. The property requires 204 parking spaces (2 spaces per mobile home lot) and there are 102 parking spaces (deficient 102 spaces). There is parking on the street in front of each lot, however these spaces can not be counted in the parking requirements. The property can be rebuilt to its current state so long as the property is deemed "repairable" (security includes 2 buildings, 100 concrete pads and streets) and reconstruction is commenced within 1 year of the date of the damage. The loan documents contain language requiring borrower to paydown the loan in the event of casualty to a 1.15x debt service coverage in the event the property cannot be rebuilt to its current state due to the zoning deficiencies noted above. Ordinance and Law coverage was obtained. Loan No. - 755960 (720 Paularino Avenue) Explanation -The property is legal non-conforming with respect to front setback, floor area ratio and parking requirements. The front setback requirement is 20 feet and the front setback is 19.89 feet, thus it encroaches by .11 feet. The floor area ratio requirement is 0.3 and the approximate floor area ratio is 0.6113 and thus it exceeds the requirement by 0.3113. The property requires 102 parking spaces and there are 77 parking spaces (deficient 25 spaces). The property can be rebuilt to its current state so long as the property reconstruction is commenced within 1 year of the date of the damage and carried to completion diligently and to the current floor area ratio (or less) so long as all other then-current code requirements are met (including building setback, lot coverage, building height, parking, open space and landscaping requirements). The loan is fully recourse to Borrower and Guarantor. Ordinance and Law coverage was obtained. The LTV for the property is 64.6%. Loan No. - 755965 (Sandalfoot Plaza)
Loan No. 755967 (20 Aquarium)
Loan No. 00-000000-0 / AFS No.: 0210690058 USActive 37186022.14 EXHIBIT D COMPLIANCE CERTIFICATE TO: First Republic Bank Date: FROM: Xxxxxxxx Xxxx Advisors, L.L.C. The undersigned authorized officer certifies on behalf of all Borrower that under the terms and conditions of the Term Loan and Security Agreement between Borrower and Lender (the “Agreement”), (1) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below, (2) there are no Events of Default, (3) all representations and warranties in the Agreement are true and correct in all material respects on this date except as noted below;. Attached are the required documents supporting the certification. The undersigned certifies that these are prepared in accordance with GAAP consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The undersigned acknowledges that no Credit Extensions may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings given them in the Agreement. Please indicate compliance status by circling Yes/No under “Complies” column.
